EPA Reconsidering Some RICE NESHAP Regs

Posted on August 6, 2013

The U.S. Environmental Protection Agency (EPA) said it will reconsider part of its final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE) and New Source Performance Standards for Stationary Internal Combustion Engines. The move is in response to petitions the agency received concerning the amendments to the 2010 legislation that were finalized January 30, 2013.

In late June, EPA said it intended to initiate reconsideration on three issues:

- The timing for compliance with the ultralow sulfur diesel fuel requirement for emergency compression (CI) engines that operate for more than 15 hours per calendar year.

- The timing and required information for the reporting requirement for emergency engines that operate or are obligated to be available for more than 15 hours per year.

- The conditions for operation for up to 50 hours per year in non-emergency situations as part of a financial arrangement with another entity.

In early July, the agency issued a memorandum to permitting authorities providing guidance on how to process RICE NESHAP compliance extension requests on CI engines. EPA suggests its regional managers and air directors address CI RICE compliance extension requests as follows:

- If the request was submitted before Jan. 3, 2013 (more than 120 days before the compliance date), a compliance extension of up to one year from the compliance date may be granted.

- If the request was submitted before May 3, 2013, permitting authorities should determine if the need for extension arose in the 120 days before the compliance date. A compliance extension of up to one year from the compliance date may be granted.

- If the request was submitted after May 3, 2013, but the requesting facility is in compliance with the rule on the date of the request, a compliance extension of up to one year from the compliance date may be granted.

- If the requested was submitted after May 3, 2013, and the requesting facility is not in compliance with the rule, permitters should consult the enforcement personnel on the appropriate next steps.